The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-14
WILSON AND LUCAS.
Their Senatorial Nonsense Discussed-faul
Nor vii, Get the Seat and No Mistake.

Chicago TINES. Ers
Tho small corporation oil West Virginia
has undertaken the large taak Of solving
the problem: how to make two bodies
occupy one space in one time.
Tho statement requires modification.
In fact It Is not the corporation Of West
Virginia that haa undertaken this big job;
but the executive and the legislative or.
gana Of II, acting in opposition to each
other.
Last winter, It became tho dnty Of the
legislative assembly Of West Virginia to
choose q successor 10 Mr.. Camden In the
house OF nlillionGirea. Unfortunately, that
assembly contained an unusually large
number Of cheap demagogues. Mr.. Gam.
den aepired 10 q renppointment. Being
q millionaire, he wa qualified for the
place; but, precisely because he possessed
that Supreme qualification, the cheap
de,na gognes that camp on tho borderland
Of socialism declared war against bis can.
didsoy. Tho result was that tho leginla.
two assembly fniled TO choose Senator
That body alBo closed It's sttinga without
granting tho necessary supplies to carry
on the public administration, and thus
furnished an imperative cause for 0
special sesBion. =.
Now, tho supreme law Of the land says
that II vacancy happen in the Senate
"during the recess Of the Legislature Of
any State, the executive thereof may
make " Temporary dppofntmtnt antf2 tie nett
mefling Of The Legislature, which shall fill
such q vacancy"
As tho Senate cloqed LIS sittings the 4.h
March (when the Weat Virginia vacancy
occuued), and ss the Governor OF that
corporation knew ihst be would call q
special session OF the Legislature before
the Senate would open again, he 'muat
have known that there was not the least
OCCASION to mako temporary appoint.
uent. He also knew, unless he Is like
n. cesaity (which knows no law, that he
could not make q temporary appointment
that would lawfully extend beyond the
next meeting OF the Legislature. Never
thelesa tho Governor seema TO have re-
Elected on tho nubject in this wise: In
West Virginia, l am higher authority
than tho supreme law OF the republic.
The charter OF my State says that whom
the Legislature is convened in extraor.
binary session nothing shall be done be-
You'd Whist Is specified in the Governors
couvoca.irn. 60 to! will make a tenn
porary appointment to OIL the vacancy,
nnd when / iBsue my call fer special
meeting OF tho Legislature l will omit to
specify the election Of Senator ss one Of
| the things to be done And thus will
circumvent the constitution Of my
country. I45.
Tho gatute Governor proceeded accord.
ingly; excepting that, instead Of appoint.
ing a man to fill the Vacancy, he designated
8 cipher o! the name Of Lucas to make the
place more vacant.
The next meeting OF the Legislature took
place few daya back, pursuant to hia
call. The members smiled when they Oh.
served that his excellency had not men.
toned the election Of a Senator as one Of
the acts they were to perform. And they
said, one to another: Why, that office
we are expressly comnauded to perform
by the constitution OF the republic; it Il
not In the faculty Of the Governor 10 de.
volve 1t upon us by specification, nor to
withhold it from Ia by emitting 10 specify
| it; the supreme Law OF the republic can
not be- altered by an enactment OF the cor.
poration Of West Virginia. Agreeably to
this rational view on the caae the Legis.a.
tive assembly proceeded TO elect citizen
OF the name OF Faulkner to succeed Mr.
Camden in the National Senate.
And now comes the puiEgant Governor
Of West Virginia fatty refusing to certify
the election Of Mr.. Faulkner. Mr.. Lucas
on the other side, has got the Governors
certificate of his temporary appointment,
and will carry it to the Capital, and will
apply at the door Of the Senate for nd.
mission in virtue OF it. There he will en-.
counter Mr.. Faulkner, applying ior admis'
sion in virtue Of his election by the Legis
iature, proven by the certificate Of the
presiding officers, but lacking the Gov
ernor's certificate snd tho great sesl.''
The Senate will have to decide. Wha,
| will be the decision? T.5. s-.. NJ.
With q respect to tho pretension Of Mr..
Lucas, there is not the least room for any
doubt. He will not DO admitted. The
period Of his temporary appointment ex-
pred ct the reopening Of the legislature.
The Governor had no authority to prolona
that period IN hour beyond the limit pre-.
scribed by the supreme law. To abstain
IRON specifying the election OF q senator
among the objects for which the Lagisla.
ture vas convened could no more effect a
prolongstion Of MIR. Lucas senatorial
honor than it could eflec. his translation
to the ekiee. Because, the faculty Of the
legislative assembly to elect a senator ia
not faculty, nor a business" that is in
any way affected by Or included in the
clause Of the West Virginia charter that
iorbids the Legislature, when convened
by the Governor, to transact any "busincas
except that (which isl stated In the pro.
clametion." No local Legislature derives
that o faculty from local charter. Its
o faculty given to the legislative assembly
in each commonwealth by the national
constitution, the exercise OF which can be
! regulated by no other than the national
regulative authority. AS no act or word
by Governor Wilson was needed
to authorize the West Virginia Legislature
10 do what the national supreme law au.
thorized aud ordered that assembly to do,
80 10 omission Of any act or word by that
local magistrate could divest that aesem.
bly, OF the authority derived from q higher
source than any local law or local mag.
nate. : i
With respect 10 Mr.. Faulkner, the Sen.
ate may require the formslity OF the Gov.
ernor's certificate before admitting him,
or 1t may accept tho legislative certificate
OF bis election IS sufficient; Being the
sols judge Of the election and qualifcs.
ton Of its own members, the Senate will
hardly be governed in its decieion by the
Judgment or tho opinion Of Governor Will
son, MIR. Lucas, or any other West Vir.
ginian.
SKIN and scalp disesses may DO cured
by Palner's "skin.Success." at drug
store Of McLsin Bros. Trhas